Where is Computer Crime Defined Domestically?
UCMJ Article 134
UCMJ Article 134 - General Article
Federal Assimilative Crimes Act (18 USC § 13)
"(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment."
While the Uniform Code of Military Justice does not specifically address computer crimes, the General Article, 134, can be used to charge violations of federal and state computer crimes. These can be charged under the crimes and offenses of unlimited application in clause three of Article 134. The Federal Assimilative Crimes Act, 18 U.S.C. § 13, is an adoption by Congress of state criminal laws for areas of exclusive or concurrent federal jurisdiction, used when federal criminal law, including the UCMJ, has not defined an applicable offense for the misconduct committed. The Act applies to state laws validly existing at the time of the offense without regard to when these laws were enacted, whether before or after passage of the Act. The Act adopts the criminal law of the state where a military installation is located and applies it as though it were federal law.
D
8 of 9